EarthLink 8-K 2005
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D. C. 20549
Date of report (Date of earliest event reported): October 14, 2005
(Exact Name of Registrant as Specified in Its Charter)
1375 Peachtree St., Atlanta, Georgia 30309
(Address of principal executive offices) (Zip Code)
(Registrants telephone number, including area code)
(Former name, former address and former fiscal year, if changed since last report date)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.01 Entry Into a Material Definitive Agreement
See Item 2.03, which is incorporated herein by reference.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant
On October 14, 2005, EarthLink, Inc. (EarthLink) entered into a Lease Agreement (the Agreement) with WHMNY Real Estate Limited Partnership for an EarthLink facility located in Pasadena, California. EarthLink currently occupies the 110,497 square foot facility subject to the Agreement. The Agreement is effective July 1, 2005 and has the effect of extending the term of the existing lease for an additional seven years from February 2007 to February 2014.
The extension of the lease term increases EarthLinks aggregate future minimum lease commitment for the facility as of July 1, 2005 by $17.1 million to an estimated total of $20.6 million, including estimated costs for facility expenses such as property taxes, maintenance and utility costs.
The foregoing description of the Agreement does not purport to be complete and is qualified in its entirety by reference to the Agreement, which is attached as Exhibit 10.1 hereto, and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.